SCOPE OF WORK SECTION 104
22 submit a request for adjustment within 7 calendar days after receiving the notice to resume work. The contractor’s request shall set forth the reasons and support for the adjustment.
agrees that the cost or time required for contract performance increased as a result of a suspension, and the suspension is excusable and compensable in accordance with Section 108.7, Extensions of Contract Time, the engineer will make an adjustment, excluding profit, and will modify the contract in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment is w arranted.
suspension in accordance with Section 104.3 , Notification of Contract Changes, and submitted a request for adjustment within 7 calendar days of receipt of the notice to resume work.
suspension or delay resulted from any other cause or for which an adjustment is provided or excluded under any other term or condition of the contract.
contract for which there is no pay item.
Changes, and will provide a time extension for this work in accordance with Section 108.7 , Extensions of Contract Time .
may eliminate the item from the contract.
before the Department eliminated the item, the Department will reimburse the contractor for the completed work as follows:
completed work at the contract unit price. If the eliminated pay item is a major item and the reduction in quantity results in a significant change in the characte r of the work as defined in contractor for each unit of completed work in accordance with Section 104.2.B , Significant Changes in the Character of Work .
completed work in accordance with Section 109.4 , Compensation for Changes .
percent of the bid amount for the pay item. The only exception to this limit is when the documented material costs alone exceed 75 percent of the bid amount of the eliminated pay item. If this occurs, then the contractor is entitled to the documented material cost but not entitled to reimbursement for an eliminated pay item in excess of 95 percent of the bid amount for the pay item. The material remains the propert y of the Department and will be delivered to the Department’s district maintenance yard . SCOPE OF WORK SECTION 104
23 104.3 Notification of Contract Changes.
written or oral form.
information in writing:
with the alleged change.
included in the contract.
costs.
with this section as a waiver of entitlement to an increase in the contract price or time due to the alleged change , provided, however, that if the estimated increase in the contract price is under $50,000, the Department can waive any of the notice and written information requirements under this section upon the submission of a written request by the contractor within 30 days of the recognition of the need for a change .
contractor by:
indicating when the Department will provide direction.
SCOPE OF WORK SECTION 104
24 4. Advising the contractor that it did not submit enough information for the engineer to determine if a change exists. The engineer will describe the information needed and identify the date by which the additional information is needed. The contractor is not entitled to an increase in the contract price or time for costs or delays resulting from the time the contractor spends providing the additional required information after the identified date as provided by the engineer .
information is required to determine the appropriate increase or decrease in the contract price or time. The engineer will describe the information needed to make a det ermination and will identify the date by which the contractor needs to provide the additional information. If the engineer does not specify a time for submitting the additional information, submit the information within 30 calendar days of the date the eng ineer informed the contractor that additional information was required.
untimely, the contractor may pursue a claim in accordance with Section 105.15 , Claims Resolution . The contractor’s failure to comply with the requirements of Section 104.3 , Notification of Contract Changes, is a waiver of the contractor’s right to file a claim , provided, however, that if the increase in the contract price is under $50,000, the Department can waive any of the requirements under this sectio n upon the submission of a written request by the contractor within 30 days of the recognition of the need for a change .
105.15, Claims Resolution . The Department will not consider a waiver request once the
notification of claim as been made in accordance with Section 105.15 , Claims Resolution .
104.4Existing Signs.
work begins. Maintain necessary traffic signs to prevent damage and ensure the integrity of the signs during construction and store all other signs. Ret urn all stored signs to the engineer at the end of the project. The contractor is responsible for any loss of, or damage to, stored signs throughout the duration of the project.
104.5Bus Stops.
Maintain bus stops in accordance with Section 801 , Temporary Traffic Control — General .
104.6Material Testing Certification.
the quantity and time of the scheduled release by 3:00 P.M. of the previous business day.
released by the DelDOT inspector. When DelDOT releases materials for shipment, DelDOT does not guaranty that the materials meet the specifications or are suita ble for use. The contractor is solely responsible for the suitability of the materials shipped. DelDOT may waive the release requirements on a case -by-case basis. Waivers of releases by DelDOT do not waive the release requirements for future material shipm ents.